Patton v. Blum

105 F. Supp. 3d 934, 2015 U.S. Dist. LEXIS 63186, 2015 WL 2342768
CourtDistrict Court, E.D. Missouri
DecidedMay 14, 2015
DocketCase No. 4:13 CV 2376 CDP
StatusPublished
Cited by1 cases

This text of 105 F. Supp. 3d 934 (Patton v. Blum) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patton v. Blum, 105 F. Supp. 3d 934, 2015 U.S. Dist. LEXIS 63186, 2015 WL 2342768 (E.D. Mo. 2015).

Opinion

MEMORANDUM AND ORDER

CATHERINE D. PERRY, District Judge.

Plaintiff Stephanie Patton operated a state-licensed adult day care 'facility in St. Louis called Peace of Mind Adult Day Care Center (POM). In October 2008, inspectors from the Missouri Department of Health and Sénior Services (DHSS) arrived at the POM facility to conduct an inspection, which quickly went south. After a subsequent series of escalating incidents involving POM, DHSS, and the Missouri Department of Social Services (DSS), POM eventually closed. In this case, Patton has alleged six claims against four DHSS employees. In Counts I, II, III, and V, pursuant to 42 U-.S.C. § 1983, Patton has alleged violations of her due process, equal protection, and free speech and petition rights. In Count IV she alleges defendants promulgated an agency rule without proper notice in violation of Missouri statutory law. In Count VI, Patton alleges defendants interfered with her intangible property rights in her adult day care license in violation of Missouri’s malicious trespass law.

Defendants have moved for summary judgment as to all of the claims. After careful'consideration and a thorough review of the entire record, I find that defendants are entitled to qualified immunity as to Count I, Patton’s first due process claim. As to the remainder of the claims, I conclude that there is no evidence from which a reasonable jury could find the defendants violated Patton’s constitutional rights or Missouri statute. Because there are no genuine disputes of material fact and defendants are entitled to judgment as a matter of law, I will grant summary judgment.

[940]*940I. Standards Governing Summary Judgment

“Summary judgment is proper where the evidence, when viewed in a light most favorable to the non-moving party, indicates that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.” Davison v. City of Minneapolis, Minn., 490 F.3d 648, 654 (8th Cir.2007); see Fed.R.Civ.P. 56(a). Summary judgment is not appropriate if there are factual disputes that may affect the outcome of the case under the applicable substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). An issue of material fact is genuine if the evidence would allow a reasonable jury to return a verdict for the non-moving party. Id. “The basic inquiry is whether it is so one-sided that one party must prevail as a matter of law.” Diesel Machinery, Inc. v. B.R. Lee Industries, Inc., 418 F.3d 820, 832 (8th Cir.2005) (internal quotation marks and citation omitted). The moving party has the initial burden of demonstrating the absence of a genuine issue of material fact. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir.2011) (citation omitted). If the movant does so, “[t]he nonmovant must do more than simply show that there is some metaphysical doubt as to the material facts, and must come forward with specific facts showing that there is a genuine issue for trial.” Id. (internal quotation marks and citation omitted).

II. Background

The general facts of this case are as follows.1 Patton’s license to operate an adult day care was due to expire on December 20, 2008. In October 2008, defendant Cassie Blum and another DHSS inspector arrived at POM for an unannounced inspection. Patton claims that the manner of the inspectors was disrespectful to begin with and quickly deteriorated until Blum slapped Patton’s hand and called her a “nigger” and illiterate.

Because the Blum inspection ended before it could be completed, a subsequent inspection was performed in early December 2008 by defendants Tracy Niekamp and Michelle Williamson. After their inspection, a letter dated December 19, 2008, was sent to Patton from defendant Tracy Cleeton, then the Program Manager for DHSS’s Adult Day Care Program, informing her that DHSS had received her application to renew her adult day care license. The letter stated that because of deficiencies found during Niekamp and Williamson’s inspection, she would be issued a provisional license instead of a regular license until the deficiencies could be remedied. (Def. Ex. B). It further stated that because POM did not employ a nurse, the provisional license would indicate the facility was a “social model” program instead of a “medical model” program.

In January 2009, Patton received a list of deficiencies found during the December inspection, which she quickly remedied. Thereafter, on February 11, DHSS conducted a revisit of POM; and on February 17, DHSS issued POM a regular, non-provisional license. The new license indicated that the facility once again qualified as a medical model program.

In February, before Patton received her new, non-provisional, “medical model” license, DSS notified her that because her medical license had been canceled by DHSS, her participation in the MO HealthNet (Medicaid) program was also [941]*941canceled, retroactive to close of business December 20, 2008. (PL Ex. 7).

DSS also conducted' an audit of POM in early 2009. Pursuant to the audit, Patton was required to produce patient service records from prior years, which she refused to do, claiming that many of the records had been lost. Although POM’s participation in the Medicaid program was briefly reinstated, DSS ultimately terminated POM’s participation- in April 2009 after POM failed to produce the requested records. Because of POM’s exclusion from the Medicaid program, Patton was unable to obtain reimbursement from DSS for services rendered from December 2008 to April 2009. All of this led to insufficient funding for POM’s operation, loss of clients, and the facility’s eventual closure later in 2009.

In a letter dated July 7, 2009, DHSS informed Patton that more than a month before, its staff had been to her facility and found it locked and empty. The letter stated that because DHSS had received no response to a previous request to Patton, dated June 2009, to confirm the status of her business, POM’s adult day care license was being revoked.

Patton appealed six decisions2 by DHSS and DSS to the Missouri Administrative Hearing Commission, which found in her favor. The agencies appealed to circuit court and eventually the Missouri Court of Appeals. The appellate court largely affirmed the AHC’s determinations, with the exception of its conclusion that DHSS had acted with a racially discriminatory animus toward Patton. As a result, Patton was reimbursed for services provided by POM from December 20, 2008 to February 20, 2009.

III. Discussion

A. Count I: Due Process

In Count I, Patton alleges that the defendants intentionally deprived her of her property interest3 in her adult day care license and Medicaid provider agreement in violation of her due process rights.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wagner v. Scheirer
D. Minnesota, 2024

Cite This Page — Counsel Stack

Bluebook (online)
105 F. Supp. 3d 934, 2015 U.S. Dist. LEXIS 63186, 2015 WL 2342768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patton-v-blum-moed-2015.